WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 Statute
Extraterritoriality (1)
Length
25-5-35
Yes (d) – Subject to 4-part test (2)
Not specified
23.30.011
Yes – Subject to 4-part test (2)
Not specified
Arizona
23-904
Yes
90 Days (F.)
Yes (3) (4)
Arkansas
11-8-103 11-9-101 3600.5
Yes
Not specified
No (See note “A”)
Yes
“Temporarily” 6 months Extendable
Yes (3) (4)
State Alabama
Alaska
California Colorado
Reciprocity Yes/No – applied against Alabama benefits Yes (3)/No (c) (1) – (6)
8-41-204
Yes
568-31-275 568-31-340
Yes (See Note “A”)
Not Specified
Not necessary (See Note “B”)
19-2303
Yes – Subject to 4-part test (2)
Not Specified
Yes (See Note “A”)
Length (1) Not in Statute
Employer may contractually agree w/employee which state’s benefits apply (paragraph (c)).
Not in Statute
Employer may contractually agree w/employee which state’s benefits apply.
90 Days (F.)
For reciprocity to apply, the “sending” state must recognize Arizona’s WC protection (mutual reciprocity). A.
“Temporarily”
Florida 440.094 Georgia Hawaii Idaho Illinois Indiana
Yes
See Note “A”
Yes (3) (4)
See Note “A” See Note “B”
Yes
Not specified
Yes (See Note “A”)
Not specified
340-9-121 340-9-242 Title 21 Chap. 386-6, 386-10 72-217 72-222
Yes
Not specified
No
Yes – Subject to 4-part test (2)
Not specified
Yes (3) (4)
820 ILCS 305
Yes
Not specified
No
22-3-2-20 22-3-2-2 22-3-9-1
Yes
Not specified
Yes (See note “A”)
1
6 months (See note “B”)
Coverage must be provided by a carrier licensed in Arkansas. There may be some level of reciprocity, but not full.
“Temporarily” not defined in the statute. • • A.
No
Connecticut
Delaware
Notes
B.
The 6-month limitation can be extended in writing to State. CO must be specifically listed as a 3.A. State (no reciprocity) Definition of “Employee” includes those who work “within or without” the state. Section 340 states protection extended to any location described or associated with described location Workers who reside out of the state and do not work within the state at least 50% of the time are NOT considered employees (per definition of “employee”)
A.
Employer may have to pay difference b/w home state and DE.
A. B.
10 Consecutive Days / No more than 25 in a calendar year Does not apply to those in a construction class. All workers in these classifications are considered “employees” and subject to FL work comp laws (no reciprocity for construction).
A.
Mutual reciprocity required in construction classifications
Out of state employers must file with the state.
Not specified
State enters into specific reciprocal agreements (MT, NV, ND, OR, UT, WA, WY) If contract or hire is Illinois, doesn’t matter where injury occurs. If the injury occurs in Illinois, it doesn’t matter where the contract of hire was made.
Not specified
Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.
A.
22-3-9-1 states that an employer is not required to comply with the WC requirements until there are five employees.
©2016 Christopher J. Boggs
WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 State Iowa Kansas Kentucky
Statute
Extraterritoriality (1)
Length
Reciprocity
Title III Chapters 85.71, 85.72, and 85.3
Yes – Subject to 5-part test (5)
Not specified
No
44-506 44-508
Yes (See note “A”)
Not specified
No (See note “B”)
342.670
Yes – Subject to 4-part test (2)
Length (1)
• • A. B.
Not specified
Yes
A.
23:1035.1
Yes (See note “A”)
Not specified
No (See note “B”)
Maine
Michigan
Minnesota
Mississippi
B.
No more than: 39-A M.R.S.A. 113
Massachusetts
Labor and Employment 9-203 Part I, Title XXI, Chapter 152, Sections 1 and 26
See Notes
Not specified
Yes (3) (4)
Yes
Not specified
Yes (3) (4)
Yes
Not specified
No
•
• 5 consecutive days; • 10 days in 30-day period; or • 30 days in 360-day period
Not specified
Yes (See note “A”)
Not specified
No (See note “B”)
Not specified Not specified
176.041 176.295
Yes
Not specified
Yes (See notes “A” and B)
71-3-109
Yes
6 Months (Extendable)
Yes (3) (4)
B. A. B.
A.
Title XVIII Chap. 287 Sections: 020, 030, 060, and 110
Yes (See notes “A” and “B”)
13 weeks? (See note “C”)
No (See note “D”)
39-71-402
Yes
Not specified, “Temporarily”
Yes (3) (4) Except Construction
2
Employment contract needs to specify which state’s benefits apply. Employer may have to pay difference if not in employee contract. The principle place or employment must be in the state or the contract of hire must be made in the state. Reciprocity not specifically granted. Any benefits from another state are credited against benefit amounts mandated in Louisiana. Extraterritoriality: There is nothing specified in statute regarding the extraterritoriality of the work comp protection. The presumption is that coverage does follow the worker since it is not specifically forbidden. The Extraterritorial extension of protection may be subject to the same limitations as the Reciprocity provisions.
Reciprocity: Statute uses terms “intermittently” and “temporarily” but does not define them. The worker cannot be a resident of the state.
A.
418.845 418.846
Essentially the employee must work predominately in the state for Extraterritorial protection. See footnote (5). Any worker in the state is considered subject to its WC laws. The principle place or employment must be in the state or the contract of hire must be made in the state. Non-reciprocity based on definition of “employer”
Reciprocity: Based on the Section 1 definitions of “Employee” and “Employer,” reciprocity does not appear to be granted.
Missouri
Montana
•
Not specified
Louisiana
Maryland
Notes
B. C. D.
Not specified
Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.
The principle place or employment must be in the state or the contract of hire must be made in the state. Payments received from another state are credited against the benefits owed under Michigan WC laws. Employee must not be eligible for the special compensation fund and cannot be a resident of the state. North Dakota employers are specifically excepted from the law and full reciprocity is extended to ND employers.
The principle place or employment must be in the state or the contract of hire must be made in the state. The employer can contractually agree to another state’s benefits 287.110 seems to limit extraterritorial coverage to 13 weeks. WC not required until 5 or more employees; except construction – only 1 required.
Statute allows the state to enter into mutual reciprocal agreements to allow full reciprocity between the states. Construction workers are only
©2016 Christopher J. Boggs
WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 State
Extraterritoriality (1)
Statute
Length
Reciprocity
Length (1)
included in this agreement if specifically addressed in the agreement. States with reciprocal agreements (6 months): ID, ND (12 mos.), OR*, SD*, UT*, WA*, WY (* - Excluding construction) A. The principle place or employment must be in the state or the contract of hire must be made in the state. B. Definition of “employee” states that coverage applies to any employer doing work in the state.
Nebraska
Nevada
48-115
Yes (See note “A”)
Not specified
No (See note “B”)
Title 53 Chap. 616B.600, 616C.190
Yes (See note “A”)
6 Months (Extendable)
Yes (3) (4) Except Construction
Not specified
New Hampshire Title XXIII Chap 281-A:12 281-A:5-f
Yes (See note “A”)
Not specified
Yes (See note “B”)
Notes
A.
The principle place or employment must be in the state or the contract of hire must be made in the state.
A.
Extraterritorial protection applies only if: 1) the employee or the employee's dependents release the employer from all liability under any other law; 2) the employer is engaged in business in this state; 3) the contract of employment was made in this state; and 4) the contract of employment was not expressly for service exclusively outside of this state. According to statute, the WC laws do not apply to non-resident employers and employees doing business in the state. By combination of statutory wording. Extraterritoriality not forbidden. If a contract of hire is made in NJ for work being done in NJ, reciprocity does not apply.
Not specified B.
New Jersey
New Mexico
34: 15-7 34: 15-36 34: 15-71 52-1-64 52-1-66 52-1-68 (See note “A”)
A.
Yes (See note “A”)
Not Specified
Yes (See note “B”)
Not specified
B.
Yes – Subject to 4-part test (2)
Not specified
Yes - very limited (See note “B”)
Not specified
A. B.
Reciprocity: The state sets up mutual reciprocal agreements. No reciprocity for construction classes. If not in construction, reciprocity is granted if less than 3 employees are in the state.
A. B.
Not specified
Yes (See note “A”) (Listing in 3.C. is required and the carrier must be licensed in NY)
Reciprocity not extended to those within the construction industry. Reciprocity based on previous year. Reciprocity not extended to any other employer (see note “A” for construction) who had an employee physically in NY for: 1) at least 40 hours a week for more than 2 consecutive weeks; or 2) had employees in NY for 25 or more individual days (5 employees for 5 days = 25 individual days) Extraterritoriality applies if: 1) the contract of employment was made in this State; 2) the employer's principal place of business is in this State; or 3) the employee's principal place of employment is within this State Based on the way the statute reads, it appears NC will extend reciprocity but not in full, applying the amount recovered from the workers domicile state as an offset against the amount due under NC law. NC law does not apply unless there are 3 or more employees.
New York WKC Article 2, Chap. 10 Article 4, Chap. 50
Yes
See note “B”
A.
North Carolina
97-36
3
Yes (See note “A”)
Not specified
Yes (See note “B”)
Not specified
Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.
B.
©2016 Christopher J. Boggs
WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 State North Dakota
Extraterritoriality (1)
Statute
Oklahoma Oregon
Reciprocity
Length (1)
Title XLI Chapter 4123.54(H)(5) Ohio Administrative Code: 4123-17-23(C) Title 85A 436-050-0055 656.126
Yes – Subject to 4-part test (2) (See note “A”)
Not specified
Yes (See note “B”)
Not specified
Yes
Not specified
Yes (See note “A”)
90 consecutive days (not cumulative)
Yes
Not specified
Yes (3)(4)
Not specified
B.
Pennsylvania
Rhode Island
Title 77 PS 411.2
Yes – Subject to 4-part test (2)
Not specified
Yes/No (See note “A”)
Not specified
28-29-9 28-29-16
Yes
Not specified
Yes
Not specified
South Carolina
South Dakota
Tennessee
Notes A.
65-08
Ohio
Length
42-15-10
Yes
Not specified
Yes (See note “A”)
Not specified
62-1-1 62-3-14 58-20-5
Yes (See note “A”)
Not specified
Yes (3) (4)
Not specified
50-6-115
Yes
“Temporarily” (8)
Yes (3) (4)
“Temporarily”
Labor Code, Title 5, Subtitle A, Chap. 406, Subchapter D (071 – 075)
Yes - “Significant contacts” required. (See note “A”). Or, TX is employer’s principle location (See note “B”).
Less than 1 year (See note “A”)
Yes, if there is a reciprocal agreement (See note “D”). See note “E.”
Texas
4
A.
The 90-day provision does not apply to states that have extraterritorial provisions shorter than 90 days (i.e. Florida, Maine, Tennessee, West Virginia).
A.
Reciprocity: Benefits from another state are applied against PA benefits. Worker can still apply for PA benefits. Employer and employee can contractually agree that the other state’s laws take precedence. If a certificate is filed by the sending state, then full reciprocity is allowed.
A.
Based on the way the statute reads, it appears SC will extend reciprocity but not in full, applying the amount recovered from the workers domicile state as an offset against the amount due under SC law. SC law does not apply unless there are 4 or more employees.
A.
Extraterritoriality: Out of state coverage not specifically granted, but neither is it precluded.
•
“Temporarily”: No more than 14 consecutive days and no more than 25 days during the calendar year. The employee can be out of the state longer if certain provisions apply. See footnotes (8) “Significant contacts” means the employee was hired in TX and: 1) was injured no later than 1 year from the date of hire; OR 2) has worked in TX at least 10 working days during the 12 months preceding the injury. “Principle location” is where: 1) the employer has a place of business at or from which the employee regularly works; OR 2) the
A.
Not specified
Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.
Extraterritoriality extends to workers from another state hired as temporary workers in that state provided that state recognizes ND coverage. If the worker has “significant Contact” (6) (7) with ND, there is no reciprocity unless there is a reciprocal agreement in place with the employee’s state of domicile. WC must be purchased from the state when there is no reciprocity. ND has reciprocal agreements with seven states (nullifying the “significant contact” rule): ID, MT, OR, SD, UT, WA, WY
B.
©2016 Christopher J. Boggs
WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 State
Extraterritoriality (1) See note “C”
Statute
Length
Reciprocity
Length (1)
Notes
C. D. E.
F.
Utah Vermont
Title 34A, Chap. 2, Part 4, Sections 405 and 406 Title 21, Chap. 9, Section 616, 619, 620
Yes
6 Months (Extendable)
Yes (3) (4)
Yes
Not specified
No
Not specified
States with reciprocal agreements with UT: CA, ID, MD, ND, OR, SD, TX, WA, WV, WY. Excluding Construction: MT, NV
A.
Virginia 65.2-508
Yes (See notes “A” and “B”)
Not specified
No B.
Washington
Yes – Subject to 4-part test (2)
51.12.120
Not specified
Yes / No (See note “A”)
Not specified when reciprocity allowed (4)
Yes
30 days total in a 365-day year Can be extended (See note “A”)
West Virginia Title 85, Chap. 23-2-1c 85-8-7 (Rules of Ins. Commissioner)
Yes (See note “A”)
30 days total in a 365-day year (See note “A”)
Wyoming
A.
A.
A.
Wisconsin 102.03 102.28
Yes – Subject to 4-part test (2)
27-14-204 27-14-301 27-14-302
Yes – Subject to 4-part test (2)
5
Not specified
No (See note “A”) See note “B”
Not specified
Yes See note “A” See note “B”
B.
30 day increments (See
Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.
employee resides and spends a substantial part of the employee's working time. Employees who travel frequently can contractually agree with the employer which state is the principle location. 406.074 allows TX to enter into agreements with other jurisdictions regarding conflicts of jurisdiction. If an injured worker pursues coverage under another state’s WC laws the claim may not be covered under TX law. If pursuing TX benefits, any payment from another jurisdiction are credited against TX benefits. Work Comp is optional in TX.
A.
For extraterritorial benefits to apply, either: 1) the contract of employment must be made in the state; or 2) the employer’s place of business must be in VA. If the employee files under another state and recovers, the amount recovered is credited towards any amounts due under VA law. Employers within the construction industry are not eligible for reciprocity unless a reciprocal agreement exists between the states. Reciprocal states related to construction are: ID, MT, ND, NV, OR, SD, UT, WY Employer and employee can contractually agree which state’s benefits apply if out or in WV one more than a temporary basis (more than 30 days in a 365-day year). WV employees can contractually choose WV laws. Out of state workers can choose the “sending” state. Such contractual choices must be made prior to injury. (3) If three or more employees in the state, no reciprocity. If less than three, WC not required in the state unless more than $500 paid during any calendar quarter. Statute allows the waiver of the work comp requirement if the employer (insured) can show the financial ability to pay any WC claim. This does not necessarily allow reciprocity, but depending on the benefit levels of the sending state, the insured might attempt to secure a waiver. An out-of-state employer must report their presence to the state before beginning work (and may be required to from time to time). They must report: 1) nature of the work, 2) progress of the work, 3) location of work, and 4) number of employees.
©2016 Christopher J. Boggs
WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 State
Washington DC
Extraterritoriality (1)
Statute 27-14-303 27-14-304 27-14-306
Div. V, Title 32, Chap. 15 32-1503
Yes (See note “A”)
Length
Not specified (See note “A”)
Reciprocity See note “C”
Yes
Length (1) notes “A” and “B”)
Not specified See note “B”
Notes B.
C. A. B.
Non-resident employers must register with the state and pay an advanced premium or provide other security (a contract cannot be effectuated until this is done). Such deposit is returned when operations cease. This requirement is waived if a certificate of WC is provided. Reciprocity: The state is allowed to set up reciprocal agreements. Extraterritoriality applies if the employment is principally localized in the District of Columbia Statute extends reciprocity when the nonresident worker is in DC “temporarily or intermittent” but does not define the terms.
(1)
Extraterritoriality and Reciprocity are limited by the shortest grant of time. If extraterritorial provisions are shorter than the reciprocal allowances, coverage ceases when the “sending” state stipulates. If reciprocity allowances are shorter than the extraterritorial provisions, coverage ceases when the “receiving” state stipulates. (2) Four-Part Test: 1. Employment is principally localized in the subject state; 2. The employee is working under a contract of hire made in the subject state for employment not principally localized in any state; 3. The employee is working under a contract of hire made in the subject state for employment principally localized in another state whose workers' compensation law is not applicable to the employer; or 4. The employee is working under a contract of hire made in the subject state for employment outside the United States. (3) The employer must have work comp in state of domicile and it must extend protection to out-of-state employees (extraterritoriality). (4) Mutual reciprocity required (5) Iowa’s 5-part test for Extraterritoriality: 1. The employer has a place of business in this state and the employee regularly works at or from that place of business, or the employer has a place of business in this state and the employee is domiciled in this state. 2. The employee is working under a contract of hire made in this state and the employee regularly works in this state. 3. The employee is working under a contract of hire made in this state and sustains an injury for which no remedy is available under the workers’ compensation laws of another state. 4. The employee is working under a contract of hire made in this state for employment outside the United States. 5. The employer has a place of business in Iowa, and the employee is working under a contract of hire which provides that the employee’s workers’ compensation claims be governed by Iowa law. (6) Significant Contact means the majority of the employee’s time is spent in that state. Three tests can be applied: 1) Where do they live; 2) Where do they primarily work; and 3) Where is the state of hire (where was the contract of hire made)? If two of the three apply, that constitutes significant contact. (7) North Dakota applies three specific tests to measure “Significant Contact”: 1. Any employee earns or would have been expected to earn twenty-five percent or more of his gross annual wage or income from that employer from services rendered in this state; or 2. Twenty-five percent of the employer's gross annual payroll is payable to employees for services rendered in this state. 3. An employer hires an employee in this state for work in this state. (8) Tennessee Extraterritoriality: Extraterritorial protection extends to workers outside of Tennessee on longer than a “temporary” basis (as defined by the statute) if: 1. The employment was principally localized within this state; 2. The contract of hire was made in this state; or 6
Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.
©2016 Christopher J. Boggs
WC Extraterritorial/Reciprocity Statutes by State v 01 12 18 3. If at the time of the injury the injured worker was a Tennessee resident and there existed a substantial connection between this state and the particular employer and employee relationship.
7
Disclaimer: This reference sheet is not to be construed as nor is this legal advice or legal interpretation of each state's general statute. Consult with counsel to assure compliance with individual state statutes.
©2016 Christopher J. Boggs